VIC Lemon Car - Can I Demand a Refund or Replacement?

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11 March 2017
I bought a Nissan X Trail 2007 model 2 weeks ago at a dealership and I am having issues already.

2 days after buying it, it broke down on me and wouldn't start up. It started up again after I left it to cool down. I took it back to the dealer and he said it's just the thermostat and will replace it. A few days later, it started to stall on me all the time so I took it to my mechanic.

He found a oil leak from the rear oil cooler and pump. He didn't fix it then and said to take it back to the dealer. I rang and told them about it and this is the response I got: "Any vehicle which has travelled over 160,000 has no statutory warranty and yours had 187,682 when sold."

My car is back at the mechanics today as it broke down on me again on Thursday and the engine light came on. It looks like there is something wrong with the crankshaft. I am getting the oil leak fixed as well. I don't know the extent of what's wrong yet.

So my question is can I demand a refund for selling me a lemon car? I believe they sold me this car knowingly that it had loads of issues.


Well-Known Member
31 October 2015
Hi Tracy,

You bought the vehicle from a dealer and with that, Australian Consumer Law affords you certain guarantees. They include:
  • Fit for purpose,
  • Acceptable quality,
  • free from defects, and;
  • must last for a reasonable amount of time.
You can discuss this with the dealer and if you don't get any satisfaction take the matter straight to Consumer Affairs Victoria. This blog gives a bit more information: Lemon Car? What You Can Do Under Australian Consumer Law - Legal Blog -